Temporary visa holders do have rights under Australian family law. This includes access to parenting orders, property settlement in many situations, and safety protections such as family violence orders. Knowing your rights and support options protects you and helps you make informed decisions.
In parenting disputes, the Court may order a parent, or both parents, to complete a parenting program. These programs are not a punishment. Each program is different, however generally they are designed to give parents practical tools to help them improve communication, reduce conflict and keep the best interests of the children at the centre of decision-making.
In Australia, both family law and child protection laws aim to keep children safe from harm and support their wellbeing. However, they are handled by different courts, follow different procedures, and involve different agencies. When these two areas overlap, it can often create confusion for parents and carers.
New laws relating to property settlement and family violence came into effect on 10 June 2025. The intention is to improve how courts deal with property settlements (financial matters), particularly for those involving allegations of family violence.
Sometimes, people involved in a family law matter may be unable to represent themselves due to age, incapacity or disability. In these circumstances, a litigation guardian (or often referred to as a case guardian) may be appointed.
Family law proceedings can become more difficult if your ex-partner is uncooperative and you require urgent court intervention. In some cases, one party may need to seek an order from the court without notifying the other party. These are known as ex parte orders, and they can play a critical role in your family law matter.
With parenting disputes that end up in Court, the Court will take into consideration any family violence orders to ensure it makes safe, reasonable, and effective parenting orders. In this article, we explore family law matters where family violence orders intersect with parenting orders.
In most cases, the marital conduct of either party is not considered to be relevant to the division of property after separation. In some instances, however, family violence can impact the outcome of a property settlement.
On 19 October 2023, amendments to the Family Law Act 1975 passed through the Federal Parliament with ease. The Federal Government believes that these changes will ensure that the family law system is “accessible, safer, simpler to use, and delivers justice and fairness”.
In family law proceedings, coercive control is dealt with as a form of family violence. It can also be addressed in the criminal law system through family violence restraining orders and/or criminal charges.
Personal cross-examination of other parties is not permitted in certain circumstances in family law proceedings where allegations of family violence have been raised. Where the ban applies, any cross-examination must be undertaken by a lawyer.
Exposing a child to a parent (or third party) who is under the influence of drugs or alcohol, in possession of drugs, or engaging in family violence is unthinkable to most parents. A common conundrum that separated parents face is how to protect their child from harm whilst also supporting the child’s relationship with the other parent.